Texas officials divided over bill to ban nearly all THC products in hemp crackdown

Texas Agriculture Commissioner Sid Miller and Sen. Charles Perry, both Republicans, are at odds over a proposed Texas bill that would ban nearly all forms of THC, in a broad pushback against cannabis prompted by a surge in intoxicating hemp products across the state.

Senate Bill 3 seeks to outlaw all consumable THC products that are widely available for retail purchase.

“We’ve tried to let the industry regulate itself… they’ve proved they can’t, they don’t want to and won’t. It’s time to fix it,” Perry said during a committee hearing this week.

Miller, who supported Texas’ 2019 hemp law, countered that the bill would wipe out businesses that invested heavily in the state’s legal hemp market. “You got 8,000 businesses, mostly mom and pops, that have put their life savings into opening these new businesses. And we might put them out of business,” he said. Most of those businesses are vape and CBD sellers, or “hemp” shops both online and offline.

Further restrictions would make popular cannabinoids CBD and CBG available only to those over 21 years of age, additionally hampering the CBD makers who also supply the intoxicating hemp pipeline. The intoxicating substances are made by manipulating hemp-derived CBD in the lab to produce delta-8 THC and other substances in concentrations that produce a “high.” Products laced with the substances have been hot items in Texas, where marijuana is illegal except for limited medical applications.

Top priority

Lt. Gov. Dan Patrick has called efforts to combat the proliferation of unregulated and potentially hazardous intoxicating hemp products one of his top legislative priorities.

The Republican-controlled legislature is targeting what it sees as a widespread abuse of federal and state hemp laws, which have allowed retailers to sell intoxicating hemp-derived products due to a loophole in the 2018 U.S. Farm Bill.

The Texas legislation also introduces harsh penalties for violators: possession of banned hemp products would be punishable by up to one year in jail and a $4,000 fine, while manufacturing them could lead to felony charges carrying a prison sentence of up to 10 years.

‘Desperation’

Patrick claims that some hemp-derived beverages in Texas contain THC levels “three to four times higher than marijuana purchased from a drug dealer.”

Perry implied that the producers and sellers of the intoxicating hemp products are desperate: “If they are really honest with you, most of them will tell you without the THC products, they can’t be profitable, and so the gig is up,” he said.

Texas legalized hemp in 2019 following the passage of the 2018 U.S. Farm Bill, which federally removed hemp from the list of controlled substances. The intent was to bolster Texas agriculture by allowing the cultivation and sale of industrial hemp and non-intoxicating CBD products.

However, a legal loophole allowed retailers to extract and synthesize intoxicating THC analogs from hemp-derived CBD. Products containing the substances, often marketed as “diet weed” or “marijuana light,” have flooded the market, largely unregulated and often in packaging that mimics popular brands of candies and treats. Law enforcement has reported THC levels in some products ranging from 7% to 78%, far exceeding the federal limit of 0.3% THC for hemp products.

Despite previous attempts to crack down on these products, regulatory efforts have been met with resistance. A proposed ban failed in the Texas legislature in 2021, and a 2021 court ruling overturned a Department of State Health Services (DSHS) classification of hemp-derived THC as a Schedule 1 controlled substance.

Enforcement challenges

The state has already begun stepping up enforcement. In August 2024, the Allen Police Department, in coordination with the U.S. Drug Enforcement Administration, raided nine vape and CBD shops accused of selling high-THC hemp products. With more than 7,700 licensed hemp retailers in Texas, authorities face significant hurdles in cracking down on the market.

Texas is not alone in addressing the unintended consequences of the 2018 Farm Bill. Other states have moved to regulate intoxicating hemp derivatives, raising questions about whether federal reforms are needed to prevent similar loopholes in the future.

Before Senate Bill 3 can become law, it must pass through the Senate committee, the full Senate, and the House before reaching Gov. Greg Abbott’s desk for approval. As lawmakers continue to debate the bill, the fate of thousands of Texas hemp businesses hangs in the balance.

The federal legal landscape remains unclear regarding intoxicating hemp. The 2018 Farm Bill, which unintentionally enabled the proliferation of psychoactive hemp products, is past due for the regular (original) 2023 Farm Bill update. Legislators in both the House and Senate have introduced amendments to the upcoming Farm Bill that could redefine hemp to exclude all intoxicating compounds. If enacted, this revised definition would override state-level disputes by establishing a consistent federal standard.

The Farm Bill update could also bring needed discipline and straightforward rules for hemp operators who make CBD for food supplements and the health and beauty markets by mandating the U.S. Food & Drug Administration finally establish regulations for the popular substance.

FDA Commissioner Robert Califf, who left his position at the end of January, had said that the agency does not consider hemp-derived CBD safe enough to be sold lawfully as a dietary supplement. Califf expressed concerns about the safety of CBD, particularly with prolonged use. He pointed to studies indicating potential risks such as liver toxicity, interactions with specific medications, and adverse effects on the male reproductive system. He also highlighted the heightened risks of CBD exposure for children and pregnant individuals.